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HomeMy WebLinkAbout07-3510BAR PLUMBING-HTG-A/C, INC. Plaintiff VS. M. JAMES BRUNNER and RUTH P. BRUNNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN ASSUMPSIT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: DEBT, INTEREST AND COSTS TO DATE Balance of debt ..................$2,110.00 Interest from 4/27/04 to 6/7/07..$ 14.22 Sovereign Bank - "Insufficient Funds" 2 checks @ $10.00 ea. $ 20.00 Attorney's fees of ...............$ 316.50 Prothonotary - Entry of note.....$ 27.50 $2,488.22 ~i~ n~ ~ 1 0 ~(L. ~ohn J. afsicj, Jr~, E~qu~ire Attorney or Defendants 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 ~f~~~' John J. Krafsig, Jr., Esquire Attorney for Plaintiff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 BAR PLUMBING-HTG-A/C, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. M. JAMES BRUNNER and RUTH P. BRUNNER, Defendants CIVIL ACTION - LAW ~ l IN ASSUMPSIT COMPLAINT 1. The Plaintiff is a Pennsylvania Corporation, for the installation of heating and air conditioning, with related services, with its office at 5231 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendants, M. James Brunner and Ruth P. Brunner, are adult individuals residing at 2308 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17015. 3. That attached to this Complaint is the original judgment note and acknowledgement of income in excess of $10,000.00, executed by the Defendants, marked as Plaintiff's Exhibit "A." 4. Judgment has not been entered in connection with any consumer credit transaction. 5. There has been no assignment of the instrument. 6. Judgment has not been entered in any other juris- diction. 7. Judgment is being entered only after default of condition precedent, to wit: The failure to pay $200.00 every two weeks, in which to compound the matter, the Defendants issued a check dated April 27, 2007 for $200.00 and issued an additional check on May 11, 2007, which both checks were returned by the bank for "Insufficient Funds" with a service charge to the Plaintiff of $10.00 for each check, or $20.00 additional, attached hereto and marked as Exhibit "B"; in which there is a total failure to pay the balance of $2,110.00. 8. An itemized computation of the debt due, including interest, attorney's fees authorized by the said Judgment Note, and costs as set forth in Exhibit "C" attached hereto and made a part hereof . 9. Present legal interest from April 27, 2007 through June 7, 2007 is $14.22 and continuing th obligation is paid in full; a reasonable the costs from Sovereign Bank for checks $20.00; entry of judgment, $27.50 to the County; for a present total interest and see attached Exhibit "C". ereafter until the said attorney's fee of $316.50; for "Insufficient Funds, Prothonotary of Cumberland costs incurred $378.22, 10. Demand for judgment in the present total sum of $2,488.22, with 6$ interest continually thereon until indebtedness is paid in full, is herewith demanded. - 2 - JOIN-S-2077 @971 FROM: BAR PLB HT~a ABC 766-511E' TC ~ 23~ 170 F , 2 ADVICE I;'OR UNPAID DEPOSITED ITEMS Page 1 of 1 SH07G5225-190 ACCT. N0. 057114524$-0 05/22/2007 OFFICE/BRANCH: 57./57 ACCOUNT TYPE: DD PERSONAL THE FOLLOWING ITEMS HAVE BEEN RETURNED. WE AR.E CHARGING YOUR ACCOUNT FOR ITEMS # ITEMS: 1 RETURNED UNPAID AS LISTED BELOW AND AMOUNT: $200.00 A RETURN ITEM HANDLING FEE. EEE: $10.00 ® L: $210.00 ER BAR MBING HEATING & AC INC SOVEREIGN BANK C/O ELLIS S & COMPANY PC PO HOX 12646 C/0 HARTMAN BUSINESS CONSULTIN READING PA 19612 636 GRANTHAM RD 1-877-SOV-BANK GRANTHAM PA 17027 >R031QQQD40$~%...... ~5/2Z/2.007 ti 6317455497 This isaLEGALCOPYof N pour check, You cen use I t tM~ aaMS~+ty you wo.ul.d ~ ~ usa ih:e or1~in~} chsak. ~ ~. O ,0 RETURN -RE;1S0'N-S "~ REFER TO hIAKER ~ ~ .,o .~ s~ .o a Q m 0 u 3 ". >t..0 i 3 a i B-R S ~ 5 3 7 i ~ ? Ji 4 0.1;~ ~ j .q ~ +'OO Ot~~! ~ O.f~ Q;+-+ ~~,~ 4f:0 3 L 30 i8 465 5 3 4 i6 7 L40ii'0 i 9 3 .+'00000 20000.+' EXHIBIT "B" JU'~-5-2©U7 '~]8:p1 FRUM:BAR PLB HTG RAC 766-5118 T0:236L1UU °.1 ADVICE POR UNPAID DEPOSITED ITEMS Page 1 of 1 SH0705225-195 ACCT. NO. 0571145248-0 05/22/2007 OFFICE/BRANCH: 57/57 ACCOUNT TYPE: DD PERSONAL THE FOLLOWING ITEMS HAVE BEEN RETURNED. WE ARE CHARGING YOUR ACCOUNT FOR ITEMS # ITEMS: 1 RETURNED UNPAID AS LISTED BELOW AND AMOUNT: $200.00 A RETURN ITE HANDLI FEE. ® $10.00 0 ~ $210.00 ER BAR PLUMBING HEATING & AC INC SOVEREIGN BANK C/0 ELLIS S & COMPANY PC PO BOX 1264E C/O HARTMAN BUSINESS CONSULTIN READING PA 19612 636 GRANTHAM RD 1-877-SOV-BANK GRANTHAM PA 17027 *0.31000040* 0S>227$OG7 t~ L1:Z?4554~8 Q This i s s I.EOAI COPY o'! ti your oh~ck. You can us• 1 t .~q the.ssmsweyyouwauld rye uao th• original Oheok. ~ x wn ~4 o ,.o RET{J.RN :REASON.-S ~ RE~E:R TO RAK~_R ~ .o .~ a ~t .0 0 4 m m o' V 1' . ~r~~ ~.'!"w'c .0 3 i 30 i:84~,. 53 ? 3 ~ 7 ~ w ~Or ,. ~ ~'.OQ©~0~'.2OR'C~C~,~ . ~.r.,- _ .~ 1 4~:0 3 i 30 1846: 5 3 7 i6 ~ i40w'0 194 ~~'00000 20000~~' r VERIFICATION AND NOW, to wit, this ~~~ day of June, 2007, I, John R. Russell, for Plaintiff, BAR Plumbing-Htg-A/C, Inc., do hereby certify and state the facts as set forth in the foregoing Complaint for Confession of Judgment, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. BAR PLUMBING-HTG-A/C, INC BY: \ N • i ., C :7 _ t= ~ C~ T 1 ~ ~ '7"T }T' 1 ) / ~~~./ '! _ e ~ .~, ~ ~ G •, . '^C John J. Krafsig, Jr., Esquire Attorney for Plaintiff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 BAR PLUMBING-HTG-A/C, INC. . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW M . JAMES BRUNNER and 1V0 . O'Y - 3.S7~ RUTH P. BRUNNER, Defendants IN ASSUMPSIT NOTICE OF JUDGMENT AND EXECUTION PURSUANT TO RULE 2964 R.C.P. AND RULE 2958.1 R.C.P. NOTICE TO DEFENDANTS OF DEFENDANTS' RIGHTS TO: M. James Brunner Ruth P. Brunner 2308 Ritner Highway Carlisle, Pennsylvania 17015 A judgment in the amount of $2,488.22 has been entered against you and in favor of the Plaintiff, without any prior notice or hearing based on Confession of Judgment contained in a written agreement or other papers allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after 30-days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 hn J. rafsig, r E quire ttorney for Plaintiff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 John J. Krafsig, Jr., Esquire Attorney for Plaintiff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 BAR PLUMBING-HTG-A/C, INC. Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M. JAMES BRUNNER and NO. 07 - 3510 Civil Term RUTH P. BRUNNER, Defendants IN ASSUMPSIT PROOF OF SERVICE OF RULE 2958.1 R.C.P. NOTICE AND RETURN OF SERVICE NOTICE IS HEREBY GIVEN, that the Notice to Defendants, pursuant to Rule 2964 R.C.P. and Rule 2958.1 R.C.P. dated June 12, 2007, of the entry of judgment by confession with the intent within thirty (30) days thereafter to issue a Writ of Execution, pursuant to Rule 2963 R.C.P. has been sent to the Defendants on July 18, 2007 by Counsel for the Plaintiff, John J. Krafsig, Jr., Esquire per the attached receipt hereto, by Certified Mail, Return Receipt Requested to No. 7006 0100 0003 4888 2476 and service was made of Notice of Entry of Judgment by Confession upon the said Defendants by the United States Post Office on July 24, 2007, as per the attached Return Receipt Card signed by the Defendant, Ruth Brunner in behalf of the Defendants, which is attached hereto and mamade a part hereof. This said Notice complies with the requi:re- ments of Rule 403 R.C.P. and return of service with Rule 405 R.C.P. oh J. raf ig, J ., E it ttorne for Pla iff 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 August / ~ 2007 i U.S. Postal Service ~- ' CERTIFIED MAIL ~ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~O Postage $ m p Certlfied Fee p p (Endorsement Required) ~ p ResMcted Delivery Fee (Endorsement Required) r9 p Total Postage & Fees .D o ~"`° M. James Brunner r` ~iroei, Apr~gat~ - P : --SrUTl21'~P .........................................:. or?oBazlVo. cn,. a~ -~31~--~-tner..l3igtura.I~ ------------------------- ^ Compie'te items 1, 2, end ~~ complete item 4 if RestfjGted~Dlalivery (s desired. ^ Print your name end address on the reverse so that we cars return the card to you. ^ Attach this card to the hack of the mailpiece, or on the fi~(rt if space permits. 1. Ankle Added t0: M. J Brunner Ruth Brunner 2308'~itner Highway Carlisle, Pa. 17015 - -- 1 L.V- \ p ~" FOSimark ~~ ~ Here ~ -~ r~ ~17.~f1`. X5.21 y07~L8~21)i~7 X ~'G,: ~ Agent B. Rec3f06d by (Printed Name) I C. Date of Delivery ~ a~~~~ D. Is delivery address different from item 1? ^ Yes H YES, enter delvery address below: ~ No 3. lSrpe &~rtifled Mall O Express MaN D Reglatered p Rotu'n Receipt for Merchandise ^ Insured Mall ~ C.O.D. 4. Restricted DeliveryT (Exba Feel ^ Yes 2. Artlcle Number r~1M1Y~,.~ 7006 0100 0003 4888 2476 PS "Faint 3811, Fibrylry 2QD4 oarrrseMc Return Receipt ,o2asa-o2--~t-,s~o r>~ ~ c ':. , ~''~` -t; t , '~° ~ rn 2 =° ~ ~ _[7 `-? c..~ -.~ -„ __ rr~